The House of Representatives has made progress in encouraging tenant protection and access to decent housing

Given that “regulations regulating the contractual ties necessary to fulfill the basic right to adequate housing, introduce gray areas that allow the abuse of landlords and those providing commercial mediation services in carrying out lease contracts at the expense of the weak part of this relationship that is the tenant”, this House of Representatives (Photo by Prensa Depotados) of Santa Fe County, at the 3rd Session of the 140th Ordinary Period on Thursday, May 19, 2022, unanimously approved Bill (CD-PJ file) for the Judicial Representative Louis Daniel Rubio (PJ), in joint transaction with the bill (file 43,301 CD-IP) for Representative Robin Giustiniani (IP), with a bill (file 47382 CD-FP-PS) for the Socialist MP Leonella Catalini (PS), and with the Bill (File 46582 CD-PJ) for the Attorney General Matilda Brewera (Kirchnerist Loyalty), which includes a new subsection to Article 183, Chapter III of exemptions Third address – stamp tax, From the Tax Code, Law No. 3456 (Text of the 1997 Ordinance and its amendments), lease or sub-lease contracts for housing, Inform the Senate of the half of the sentence so that the procedure may be completed with the final sentence, as quickly as possible.

vice Robin Giustiniani (IP), accompanied by Representative Agustina Donnet (IP), introduced on May 10, 2021 by this House of Representatives motion agenda, with formal entry during the session of May 20, 2021, the bill (file 43301 CD-IP) under which the oath was added sub 52) to Article 236 of the Tax Code (Law 3456 and its amendments) regarding exempt businesses, contracts and operations, for the purposes of non-payment, by the tenant, tax or tribute for “real estate commission, verification of collateral, advance rent month and stamps”, after resumption of initiatives Parliamentary already several times.

Thus, this initiative was referenced in Bill (file 33472 CD) of August 17, 2021, which was reintroduced as Bill (file 36,370 CD) on May 10, 2019, with the loss of parliamentary standing on both occasions, mainly in Bill (file 16704 CD) for Representative Sergio Liberati (MC) served the state that entered in 2006 and had half the sentence in 2007, since “The difficulties in obtaining housing, especially with regard to rents, are not new” And in all these years, Ruben Giustiniani said, “the public policies that had a positive impact were not implemented.”

He added, together with Augustina Dunnett, “Quite the contrary, the problem of tenants has worsened, as It is getting more and more difficult to access the formal rental marketdue to the high costs and requirements that real estate agents demand in terms of property guarantees, insurance, commissions and expenses that tenants are obligated to pay, although it is not clear whether they really match them.

We must not forget that the mandate of Socialist Representative Rubén Dario Galassi (PS-FPCS-MC) was entered on July 3, 2019 by this House of Representatives motion schedule (file 36546 CD-FP-PS) and in the ordinary session For July 4, 2019, the Budget and Treasury and Constitutional Affairs and General Legislation Committees were referred; Transcript of it, presented with the accompaniment of his peers: Antonio Juan Bonfatti (PS-FPCS-MC), Maria Cecilia del Huerto Ayala (PS-FPCS-MC), Veronica Peñas (PARES-FPCS-MC), Miguel Angel Solis (PS-FPCS) -MC), Omar Martinez (PS-FPCS-MC), Oscar Perrone (PS-FPCS-MC), and Giulio Francisco Garibaldi (PS-FPCS-MC) as Bill (file 32873 CD-FP) on April 20, 2017, in his case Parliamentary; through which, by means of 16 carefully detailed articles, she has promoted “Tenant protection and regulation of the real estate market, thereby promoting the democratization of access to decent housing”, in the same sense, expired due to lack of treatment.

Se proponía en esa iniciativa como autoridad de aplicación a la (ex) Secretaría de Estado del Hábitat de la Provincia, y, asimismo, se postulaba que la Defensoría del Pueblo de la Provincia organism adoptase todas aquellas mediónís habiíspeco especientes a la de la ficament to me Defending the Tenant and the Dwelling.

In addition, with regard to public and private spaces and goods, priority was given to “social, cultural and environmental interests,” because “all citizens have the right to participate in urban land ownership within democratic parameters, social justice and sustainable environmental conditions.”

Likewise, the social function of property has been understood as “fair social use, with equality between individuals and gender equality, and ecologically balanced use of urban space and land”.

to “Avoiding abuse and injustice”, Altogether, according to the applicable jurisprudence, commissions in real estate brokers’ fees were limited, while “they must be paid by the lessee and the lessor in two equal shares.”

To this end, Article 12 of the Governorate Law No. 13154 has been amended: “… the fees of the real estate broker in the case of lease contracts may not exceed 4% of the total value of the contract…”. The fee “includes the taxes that may be levied on the said rewards”.

In the case of renewing contracts between their owners, “the amount of fees shall be reduced to half the percentage prescribed in the case of the first contract.” Both commissions will be paid in equal parts between the landlord and the tenant. If more than one broker works in the rental process, the fees or rewards shall be distributed among them in proportion, always observing the limits stipulated in this law.

Real estate brokers who require tenants in a property intended for housing to approve the solvency of those acting as co-debtors or guarantors of the latter’, may require for this purpose proof of ownership of no more than two (2) properties or, inconspicuously, require no more than For three (3) persons who act in the capacity mentioned above and prove the periodic income”, without prejudice to other solvency approval mechanisms that may be agreed upon with the tenants in place of the above-mentioned.

Just as the guarantees that can be requested from the lessee are regulated in terms of quantity and quality, “Free to review ownership status and potential liens” or other measures connected with the location of real estate by tenants who use said real estate for housing, who are under thirty-five (35) years of age, retired, or whose family income does not exceed the stipulated basic salary of Trade Officers.

The stamp tax is exempted from paying it To the tenant of the property designated for housing a retired or retired, who receives the minimum retirement or pension, respectively, and to whom his family income does not exceed the stipulated basic salary for commercial employees.

At the same time, a file . was created guarantee fund Consisting of 0.5% of the revenue from stamp tax collection, it is intended to “establish a line of credit aimed at resolving the various clauses inherent in the execution of real estate leases for housing.”

In addition, a registry of real estate lease contracts has been established. In all cases covered by this law, “the owner or owner of the property that is the subject of the lease contract must pay the real estate tax,” and in no case may the amount corresponding to the said tax be transferred to the tenant.

Article 156 bis has been included in the Tax Code (Law No. 3456 and its amendments) with the purpose that “all property within the urban range of municipalities and communes shall be suitable for residential use and uninhabited for at least one (1) year”, with a Additional and progressive real estate tax.

the extra for “Uninhabited Urban Property”, suitable for residential use, “will be calculated increments of between fifty percent (50%) and up to one hundred percent (100%) of the corresponding estate tax and will be payable from the financial period following the period for which it is fixed,” the Socialist MP explained that the mandate had been fulfilled Robin Dario Galassi (PS-FPCS-MC) Bill (File 36546 CD-FP-PS) of his authorship, submitted on July 3, 2019 by the motion agenda, and in regular session of July 4, 2019 the Budget and Finance and the Constitutional Affairs and General Legislation Committees of the House of Representatives are referred to Santa Fe County deputies for their study; Transcript of it, presented with the accompaniment of his peers: Antonio Juan Bonfatti (PS-FPCS-MC), Maria Cecilia del Huerto Ayala (PS-FPCS-MC), Veronica Peñas (PARES-FPCS-MC), Miguel Angel Solis (PS-FPCS) -MC), Omar Martinez (PS-FPCS-MC), Oscar Peroni (PS-FPCS-MC) and Giulio Francisco Garibaldi (PS-FPCS-MC) as Bill (file 32873 CD-FP-PS) more by Five (5) Years, the parliamentary standing consisting of 16 very carefully prepared articles was lost; Not without first emphasizing that the “democratization of access to adequate housing and regulation of the real estate market and, primarily, tenant protection” was promoted, which also ended with its legislative status.

Then the deputy kissed him Robin Giustiniani (IP), accompanied by his counterpart from the assembly: Agustina Donnet (IP), introduced on May 10, 2021 by the House of Representatives motion agenda the bill (file 43,301 CD-IP) and at the May 20, 2021 session formally on the study’s internal committees but not before adding its author “This simple initiative aims to advance the benefit of people who need to obtain housing through rent.”

In short, adding subsection 52) to Section 236 of the Tax Code (Law 3456 and its amendments) for exemptions, so that no tribute and/or taxes are to be paid, “Leases or Subletting of Housing Property,” Robin Giustiniani and Ajustina Dunnett To ratify “the necessary intervention of the territorial state in the rental market, fulfilling the constitutional obligation to protect the right to housing.”

After that, deputy Matilda Brewera (LK) introduced on February 21, 2022 the bill (file 46582 CD-PJ) for similar content; Later, on April 18, 2022, Vice Leonella Catalini (PS), accompanied by Geisel Mahmud (PS), introduced the bill (file 47382 CD-FP-PS), and subsequently deputy Louis Daniel Rubio (m., May 19, 2022, It was unanimously approved and the Senate was informed of half the sentence until the legislative procedure was completed with the final sentence.

In short, a new paragraph has been incorporated into Article 183, Chapter III of exemptions Third address – stamp tax, From the Tax Code, Law No. 3456 (Text of the 1997 Ordinance and its amendments, Lease or sub-lease contracts for housing.

Publication date: May 21, 2022

source: Susanna Joris

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